The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-11-03
WORTHLESS PETITIONS.
The Batch of Petitions Before Gov.
0glesby Pronounced Worthless.
Arguments Before the Supreme Court
ID the Anarchists Case.
Hostile Indians Of Montana Located
by Scouts.
The Telegraph War Ended for Want
Of Rival.


a curious fact that among all the COM
munications that have reached the gov
ernor for and against clemency for the
anarchists, there is but one formal Pc
tition, and that is mailed from a small
interior town in New York. The main
body of all the other literature on the
governors desk consists of personal ap-
peals and circumstances. It has
already become an interesting ques-
ton, therefore, whether there is such
case before the governor in behalf Of
these prisoners as he could act upon.
In fact the governor says that no such
application or petition as is contemplat-
ed in law has been filed by any Of
the men under sentence in Cook county
in what is known as the anarchist case.
Whether the governor would consider
the case not conforming to these
ltSal requirement can only be inferr-
81 as when questioned on that point
he simply replied: 81 presume the
governor might, on his motion, without
any application, pardon out of the PEN
itentiary any convict he chose, or any
number of them, and that if he did
they would be safely out, but the gov
ernor would be liable to Impeachment.
AS to the requirement that the applica-
ton must be made by the party under
conviction, the petition must represent
the actual wish of the party under con-
viction. The letter to the governor
written by Parsons, which was printed
in several of the newspapers was never
mailed to him, or at least he never got
it, therefore he officially knows nothing
of it,
ANARCHISTS ARGUMENTS.
WAsHINGToN, ID. c., Oct. 27.-An-
ticipation of the argument before the
NA1 49, - o.
upon the petition for writ of error in
the Chicago Anarchists case, attracted
to the Capitol crowd of eager people,
who seemed as anxious to gain admiS-
sion to the court room as If the An
archists themselves were to be present
in chains and leg letters, and to argue
their own case in person. More than
an hour before the couEt assembled the
court room was densely packed with
people who rot only occupied the seats
provided for spectators, but encroached
upon the precincts of the bar, and
stood in closely packed throngs
in the open spaces on each
side of the door. Even out in the cor
ridor there was a crowd endeavoring to
at least get a glimpse of the interior of
the court room through the entrance.
The audience was destined, however,
to be at least for time, disappointed.
When the court was called to order at
II o'clock, and the candidates for ad-
mission to the bar had been sworn, the
Chief Justice announced that the court
would proceed with the unfinished
business of yesterday. This unfinished
business was the case from Louisiana,
which, however important to the
litigants, had very little popular inter-
est.
Argument in the Louisiana case was
concluded by Mr.. Beckwith at five
nd Chinf
1--WE are ready now to hear the motion
for writ of error in the case of Spies
and Others"
General B. F. Butler asked the Court
how much time would be allowed for ar
gument. His brother, Mr.. Tucker, rep
resented, he said, a majority of the Pc
titionerS. He himself represented two
of them whose cases were in some re-
spects different from those of the
others.
The Chief Justice said that each side
would be allowed three hours, and that
Mr.. Grinnell might speak.
J. Randolph Tucker opened the al
gument. He said that it was not
necessary for him to show
as condition precedent to the
granting of a writ of error that the
action complained of in the court below
was actually repugnant to or in viola
ton of the Constitution. 1t was only
necessary 10 SHOW budO COnulCI ndu
arisen, that there was question
whether the action complained of was
not repudnant to the Constitution.
That was enough to give this court
jurisdiction. 1t was the object of the
statute of 1869 to give flee access to
this court in all cases where there was
question of this kind. 1t
repugnance, but only conflict.
If there Is "a conflict, then this court
has Jurisdiction, and if it has jurisdic-
ton, then the petitioners are entitled
to the writ as Il right. This court, "
said Mr.. Tucker, lis city of refuge
from the avenger and of blood, and
any man who comes here and takes
hold of the horns of justice should not
be repulsed. The policy of this court
has been to deal literally with petition
ers for writs of error in civil cases.
How much more should it deal liberal
ly with the petition for writ of error
in criminal cases involving the issues
of life and death, in case where
life was about to be taken away in vio-
lation of the Constitution" Mr.. Tuck
or then proceeded to a careful analysis
of the Fourteenth Amendment in an
attempt to ascertain the meaning of
the words, ''due process of law"
In conclusion Mr.. Tucker said: I'VE
have a right, in my judgment, to the
writ to be heard on the question
whether the Constitution has been
violated in order to compass the con-
viction of these men. 1t is true they
are said to be Anarchists. If the
court asks me whether | have any sym-
patty with them, L have only to saw
suppose that have any SYM
pathy with these unhappy and
misguided men. But they are
men and they. are entitled to the
same protection that L am. The same
Constitution is over us all. l ask the
court to interpose its shield and pro
tect these men because i may need il
myself. 1 know no anarchy abroad in
this land which the American peo-
pie need fear except anarchy in the ad-
ministration of justice. l fear that
when anarchy dons the ermine of ius-
tice and administers lynch law in VIC
lation of the supremelaw of the land.
sustained is question you can only
decide after an examination
of the record and a hearing
Strike after you hear, but don't STRIP
before you hear. pray that the Couri
will therefore award this writ, for if
do not mistake, there are evidences in
this whole record which will demand
the reversal of the Judgment
Attorney-General Hunt then ad
dressed the Court in behalf of the State
and in opposition to the motion for
writ of error. TJ warrant the issuint
of the writ it must appear, he said
from the record first that there is
Federal question involved, and second
that such question was raised and de
cided in the state court. Mr.. Hun
continued: THE Fourteenth Amend
ment is foreign to any right; privilep
or immunity claimed by the petition
ers. The Fourteenth Amendment dc
clares: No state shall make or en-
force any law which shall abridge til
privileges or immunities of citizen
OF the United States, nor shall an
state deprive any person of III,
liberty or property without due proces
OF law, nor deny to any person With
its jurisdiction the equal protection I
the law The record will show tn,
the complaint is not that the state b;
made or Is enforcing a law whiC